WRONGFUL DISCHARGE: Claim of pre-discharge emotional distress properly allowed to go to jury which awarded $232,000 while rejecting wrongful discharge claims… Rieger affirmed (memorandum). [Read more…]
Parenting, GAL amendments, adoption without hearing
PARENTING: GAL acted within scope of authority in proposing plan amendments following disagreements with initial stipulation, but Lint erred in adopting amendments without a hearing… Lint reversed (memorandum). [Read more…]
Child sex abuse, prosecutorial misconduct claims rejected
CHILD SEX ABUSE: Prosecutorial misconduct claims in case involving abuse of 14-year-old stepdaughter rejected as not meriting plain error review… conviction affirmed… Wald affirmed. [Read more…]
Choice of law, Montana residents, North Dakota MVA
CHOICE OF LAW: Montana substantive law with 3-year tort statute rather than North Dakota law with 6-year statute applied to North Dakota MVA in which Montana attorney asserted claims against husband who wrecked vehicle when swerving to avoid deer in North Dakota… claim filed 6 years after MVA time-barred… statute of limitations defense not precluded by judicial or equitable estoppel, statute not tolled by claim that fibromyalgia not known to be caused by MVA… Knisely. [Read more…]
Defense verdict, coffee drink burns, spill in truck
VERDICT: Defense, coffee hut not negligent in connection with burns sustained by 12-year-old from spill in pickup. [Read more…]
Insurance, $3.76 million verdict, defective floating pool
INSURANCE: Coverage of $3.76 million net verdict for defectively designed & constructed disappearing floor pool at residence precluded by CGL business risk and professional liability exclusions… Molloy. [Read more…]
Defense verdict, administrative segregation conditions
VERDICT: Defense, alleged inadequate conditions of confinement while in administrative segregation at BSB jail. [Read more…]
Stipulation to settle “known or unknown” claims
Stipulation to settle “known or unknown” claims rejected as unenforceable and contrary to statute and public policy… Bruner. [Read more…]
Settlements
Plan I
Nikki Zeober, multiple, 11/18, disputed PT, $55,000, Matthew Murphy
Wayde Lewis, low back, 4/21, disputed, $11,250, Russell Plath [Read more…]
Insurance, $1,022,257.85 verdict, negligent procurement
INSURANCE: $1,022,257.85 verdict for negligent procurement failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving sinking of condo affirmed… Allison affirmed. [Read more…]
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